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Wednesday, March 25, 2009
Virginia Beach Landowner Faces Steep Wetlands Fines
A landowner in Virginia Beach faces a $90,000 penalty as the result of environmental litigation involving destruction of wetlands. He’s accused of bringing in fill to cover just over an acre of land in his 33-acre property off Black Bay. The property, largely wetlands, is protected from development by local regulations. In addition, charges state that the illegal development of the property led to the discharge of pollutants into nearby navigable waters, violating the Clean Water Act.
Cody Bedford was told many times over a period of four years to cease and desist development on the property. He also failed to appear at several court dates to defend himself against charges. During this time, the Army Corps of Engineers and the US Environmental Protection Agency obtained soil samples and took aerial photos that showed changes to the property and the presence of fill material as much as two feet deep. In addition, three companies stated that they had delivered sand, dirt and fill to Bedford’s property—as much as 83 truckloads, or several hundred tons.
Bedford continues to claim that the previous owner filled in the 1.2 acres in question. A magistrate judge has found Bedford in clear violation of the Clean Water Act, and states that the $90,000 fine is conservative. Following stricter guidelines, the fine could have amounted to as much as $53 million.
Violation of environmental laws hurts everyone in the area. This kind of infraction destroys important parts of our delicate ecosystem, and can harm drinking water and cause other far-reaching problems.
If you need help with a situation involving violation of environmental regulations, please contact the experienced attorneys at The Cochran Firm in Virginia. The attorneys at the Portsmouth and Norfolk, Virginia offices are experienced in environmental litigation, and can help settle your case fairly.
Cody Bedford was told many times over a period of four years to cease and desist development on the property. He also failed to appear at several court dates to defend himself against charges. During this time, the Army Corps of Engineers and the US Environmental Protection Agency obtained soil samples and took aerial photos that showed changes to the property and the presence of fill material as much as two feet deep. In addition, three companies stated that they had delivered sand, dirt and fill to Bedford’s property—as much as 83 truckloads, or several hundred tons.
Bedford continues to claim that the previous owner filled in the 1.2 acres in question. A magistrate judge has found Bedford in clear violation of the Clean Water Act, and states that the $90,000 fine is conservative. Following stricter guidelines, the fine could have amounted to as much as $53 million.
Violation of environmental laws hurts everyone in the area. This kind of infraction destroys important parts of our delicate ecosystem, and can harm drinking water and cause other far-reaching problems.
If you need help with a situation involving violation of environmental regulations, please contact the experienced attorneys at The Cochran Firm in Virginia. The attorneys at the Portsmouth and Norfolk, Virginia offices are experienced in environmental litigation, and can help settle your case fairly.
Labels: Norfolk
posted by Benjamin A. Irwin at 12:01 PM
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